Using or carrying cannabis in the street in Spain is not a crime, but it is a serious offence under the Public Safety Act. Article 36.16 of Organic Law 4/2015 penalises the use or possession of drugs in public places, streets and establishments or on public transport with a fine starting at €601, even if the quantity is small and not intended for sale. In this guide we explain how much the fine for smoking weed in the street is, how to pay it with a discount, when it expires and how to appeal it.
Already been fined? We review your file and tell you whether it can be appealed: appeal a cannabis fine.
What article 36.16 of the Public Safety Act says
Organic Law 4/2015 on the protection of public safety classifies as a serious offence:
“The unlawful use or possession of toxic drugs, narcotics or psychotropic substances, even if not intended for trafficking, in public places, streets, establishments or public transport, as well as discarding the instruments or other items used for that purpose in those places.”
Since it came into force in July 2015, the law makes no distinction by quantity: even if you are carrying less than a gram, you can be fined.
How much is the fine for smoking weed in the street in Spain?
Serious offences are punished with a fine of €601 to €30,000, divided into three bands:
| Band | Fine |
|---|---|
| Minimum | €601 to €10,400 |
| Medium | €10,401 to €20,200 |
| Maximum | €20,201 to €30,000 |
In practice, most fines for using or possessing small amounts of cannabis are imposed in the minimum band, usually at €601. The quantity seized or repeat offending can increase the fine.
Growing cannabis visible from the street, when it is not a crime, is also a serious offence (article 36.18 of the same law).
50% early payment discount
When you receive the notice opening the proceedings (the acuerdo de incoación), you have 15 days to choose between:
- Paying with a 50% reduction: for a €601 fine you would pay €300.50. Payment ends the proceedings and means giving up the right to submit objections.
- Submitting objections and providing evidence. In that case you lose the reduction.
Minors: suspension of the fine
If you were under 18 when the offence was committed, the law allows the fine to be suspended if you and your legal guardians request it and you undergo treatment or rehabilitation, if needed, or re-education activities. If you abandon the treatment or activities, the fine is enforced.
When does a fine for use in public places expire?
Serious offences under the Public Safety Act become time-barred one year after they were committed. If you have not been notified of the start of the sanction proceedings within that period, you can no longer be fined. Before assuming a fine has expired, check whether there have been attempts to notify you, for example through the Single Edict Board of the Official State Gazette (BOE).
Can a fine for use or possession be appealed?
Yes, although it is worth being realistic: the officers’ report is presumed to be true and success depends on the details of each case. It is worth looking into if:
- The substance was not analysed or there is no record that it was a controlled drug.
- The events did not take place in a public place (for example, inside a home or a private vehicle, depending on the case).
- There are errors in the report, the identification or the dates.
- The offence has become time-barred or the proceedings have lapsed.
- You were fined by an authority that was not competent. We explain this in this article on fines issued by town councils in the Madrid region.
If your objections are rejected, you can still file the administrative appeal indicated in the decision (usually an alzada appeal) and then go to the administrative courts.
Difference from the crime of drug trafficking
A fine for use or possession is an administrative penalty. If the officers believe the substance was intended for others, for example because of the quantity, how it was packaged or the presence of cash or scales, the case may be handled as a drug trafficking offence. In that case you need a criminal defence lawyer from the outset.
Frequently asked questions
Can I be fined for having a joint in my car?
A private vehicle is not strictly a public place, but each case depends on the circumstances. In addition, if you drive after using cannabis, you may receive a drug driving fine of €1,000 and 6 points.
Does a fine for use in the street give me a criminal record?
No. It is an administrative penalty and does not create a criminal record.
What happens if I don’t pay the fine?
The authorities can claim it through enforcement proceedings, with surcharges, and can even seize bank accounts or wages.
Fined for cannabis use or possession in Spain?
At S&F Abogados we review your file and tell you whether your fine can be appealed before the deadline runs out. Send us an online enquiry or call us on +34 637 655 294 (fine appeals, office hours).
